Billing: Per movie viewing charges,
applicable taxes, and any other fees incurred
will automatically be charged to your VUDU Service Account. Fees are payable
only in U.S. dollars. Your VUDU Service Account will automatically recharge once
the account balance is depleted by charging the credit card linked to the account
either the amount specified by you during the account set-up process, or a default
amount of $ 20.00. We may change the fees and charges in effect, or add new
fees and charges from time to time.
Refunds: You may cancel your VUDU Service Account at any time by following
the procedures outlined at
http://www.vudu.com/faq.html
. Any remaining cash
balance in your VUDU Service Account will be refunded at that time. Any movie
viewing charges are non-refundable. Any VUDU Rewards you may have accrued
are non-refundable.
Termination by VUDU: We reserve the right to terminate the VUDU Service
at any time with or without cause. If your VUDU Service is terminated for any
reason, your credit card will be refunded any U.S. dollar balance that remains in
your VUDU Service Account. We have no obligation to refund fees paid for
VUDU Equipment or any value, monetary or otherwise, you may have accrued as
VUDU Rewards if your VUDU Service is terminated by us.
Customer Privacy: VUDU collects and maintains personally identifiable
information concerning our customers. This information includes, but is not
limited to, billing records, maintenance and repair records, marketing
information, and customer feedback. VUDU maintains a privacy policy that may
be accessed through our website at:
http://www.vudu.com/privacypolicy.html
.
We reserve the right to make changes to the privacy policy at any time and for
any reason.
Your Submissions: If you send us any submissions (e.g., emails, letters,
postings to chat rooms, boards, or contests), feedback, creative suggestions, ideas,
notes, drawings, concepts, or other information, they will be deemed to be our
property and we will not be liable for any use or disclosure of such submissions.
Without limitation of the foregoing, we shall exclusively own all now-known or
hereafter existing rights to the submissions of every kind and nature throughout
the universe and shall be entitled to unrestricted use of the submissions for any
purpose whatsoever, commercial or otherwise, without compensation to the
provider of the submissions. The content of any submissions must not be illegal,
obscene, threatening, defamatory, invasive of privacy, infringing of intellectual
property rights or otherwise injurious to third parties or objectionable, and may
not consist of or contain software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings or any form of “spam.” You may not use
a false email address, impersonate any person or entity, or otherwise mislead as
to the origin of the content. We reserve the right (but not the obligation) to
remove or edit such content, but we do not regularly review posted content.
Additional Restrictions: You agree to only configure VUDU Equipment in
accordance with the user manual located at
http://www.vudu.com/userguide.html
. You will not, and will not allow anyone
else to open, tamper with, or reverse engineer, decompile, or disassemble your
VUDU Equipment (or any software contained within), or make any modifications,
additions, attachments, or alterations to the VUDU Equipment (or any software
contained within). Additionally, you agree not to, or attempt to, disclose or
circumvent any security measures utilized as part of the VUDU Service or VUDU
Equipment (or the software contained within). You understand and acknowledge
that the VUDU Service and VUDU Equipment (or the software contained within)
incorporate and utilize propriety technologies, materials, and Content of VUDU,
Inc. or our licensors that are protected by copyright, patent, trade secret, and
other laws and that any use or disclosure of the VUDU Service, Content, or VUDU
Equipment (or the software within) contrary to these Terms of Service or any
copying of the materials and/or Content residing in the VUDU Equipment will
result in substantial damages to us or our licensors and subject you to civil
liabilities and/or criminal penalties.
Age Restrictions: You must be 18 years of age or older to maintain a VUDU
Service Account. While individuals under the age of 18 may utilize the VUDU
Service, they may do so only with the involvement of a parent or legal guardian.
While VUDU does distribute Content that may be watched by children, we do not
intentionally seek to collect information from individuals 13 years of age and
younger. The VUDU Equipment includes a parental control feature that lets you
restrict access to Content based on the rating system of the Motion Picture
Association of America.
Digital Millennium Copyright Act: If you are a copyright owner or an agent
thereof and believe that any Content, user submission or other content infringes
upon your copyrights, you may submit a notification pursuant to the Digital
Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the
following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
•
A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
•
Identification of the copyrighted work claimed to have been infringed;
•
Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled and information reasonably sufficient to permit us to locate
the material;
•
Information reasonably sufficient to permit us to contact you, such as an
address, telephone number, and, if available, an email address;
•
A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent,
or the law; and